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DE SB265
Bill
Status
7/12/2010
Primary Sponsor
William Carson
Click for details
AI Summary
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Amends Delaware Code to protect agricultural operations from nuisance lawsuits by replacing reference to "state or federal law" with only "federal law," limiting state and local ordinance restrictions.
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Adds definition of "agricultural operation" referencing Title 10 Delaware Code §8141(a) to clarify which activities receive protection.
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Expands definition of agricultural operation to include agricultural-related infrastructure such as grain elevators, bins, feed mills, silos, and agricultural product processors.
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Includes transportation of agricultural products to or from markets, storage areas, and agricultural-related infrastructure as protected agricultural operations.
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Modifies nuisance protections to apply against both local government and state agency ordinances and regulations unless operations result from negligence, improper operation, or violate federal law.
Legislative Description
An Act To Amend The Delaware Code Relating To The Right To Farm And Public And Private Nuisance Actions.
Last Action
Signed by Governor
7/12/2010